Framingham judge refuses to dismiss rape charge

FRAMINGHAM – The lawyer for a Framingham man accused of raping and severely beating a woman in April asked a Framingham District Court judge on Friday to dismiss the rape charge.

William D. Perez, 50, has been held without bail since his April arrest, and he has not been indicted by a grand jury and prosecutors were not ready for a probable cause hearing on Friday.

Much of the hearing was held in a sidebar with Judge Jennifer Stark. The judge said the sidebar was necessary because it discussed medical and personal information of the alleged victim.

Stark said Perez’s lawyer, David Levinson, asked for the rape charge to be dismissed based on the lack of movement on the case. But, Stark said, prosecutor Margaret Pastuszak said they were waiting for medical records.

“They (district attorney’s office) are certainly diligent in getting it in front of us,” said Stark, in denying the request. “I find the delay is reasonable.”

Authorities say the alleged victim told police she met Perez on April 17 and went to his Interfaith Terrace apartment.

Sometime that night, or early the morning on April 18, Perez attacked and raped the woman, authorities said.

The woman was left with severe bruising on her face and several knife wounds on her arm. Authorities said she was in critical condition the day after the incident.

Police charged Perez with rape, assault and battery with a dangerous weapon, assault and battery, resisting arrest and disorderly conduct.

With the judge refusing to dismiss the case or set bail for Perez, Levinson asked to schedule a trial for all of the charges other than the rape charge, which can only be tried in superior court.

Stark warned that even if prosecutors were not ready for the trial and the charges are dismissed, prosecutors could refile the charges. She set a trial date for Oct. 26.

Norman Miller can be reached at 508-626-3823 or nmiller@wickedlocal.com. For up-to-date crime news, follow Norman Miller on Twitter @Norman_MillerMW or on Facebook at facebook.com/NormanMillerCrime.

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